In what could be our last chance for at least a decade to find out exactly what went on with the Warrantless Wiretaps Judge Walker issued the DOJ a warning. This from Law.com,
Walker, bringing to a head months of volleying between the government, the plaintiffs and himself, ordered Justice Department lawyers to explain why he should not essentially enter a default judgment against the government for violating the Foreign Intelligence Surveillance Act by spying on the Al-Haramain Islamic Foundation.
The government has refused to obey court orders by repeatedly stonewalling Walker's attempt to move the case forward, Walker wrote.
If he rules as threatened, Al-Haramain would win without forcing the government to acknowledge surveillance.
"In some ways, this might be entirely satisfactory to the government," said Jon Eisenberg, who represents the defunct Islamic charity.
Federal Judge Threatens DOJ Lawyers With Sanctions in Warrantless Wiretapping Case
A Summary Judgment could the best thing for the Gov., as others have pointed out in the last couple days. Marcy aka emptywheel had this,
Defendants are now ordered to show cause why, as a sanction for failing to obey the court’s orders:
(1) defendants should not be prohibited, under FRCP 37(b)(2)(ii), from opposing the liability component of plaintiffs’ claim under 50 USC § 1810 —— that is, from denying that plaintiffs are "aggrieved persons" who were subjected to electronic surveillance; and
(2) the court should not deem liability under 50 USC § 1810 established and proceed to determine the amount of damages to be awarded to plaintiffs.
Defendants shall submit written response to this order no later than May 29, 2009.
All good questions, Judge Walker.
I rather suspect the Administration would prefer just to pay damages than to go forward with this (particularly with Judge Walker in such a peeved mood). But if Walker rules in al-Haramain's favor, what does that do for the retroactive immunity case?
emptywheel
The reason being if the government and Pres. Obama can make the last possible case to expose the Bush Cabal to any charges that could arise from Wiretapping the entire nation disappear for a few million dollars why wouldn't they jump on it ? Hell, we have spent over a Trillion in Bailouts already to the Ultrarich, what's a few more Million ?I'm no lawyer but I don't think you can appeal winning a case unless you don't get the money but giving them the money would be the whole point now wouldn't ?
Call me cynical but I don't think my tax dollars should be used to buy silence of crimes committed by my gov.. The problem is this would go far past any semblance the open gov. we have been promised and cast our votes for and yet because of the last couple month I have no doubt that it is being considered as a reasonable way out. Judge Walker seems to have thought about that to. He throws in another thinly veiled threat that he may still order the document in question to be given up.
Plaintiffs shall, no later than May 29, 2009, submit a
memorandum addressing whether it would now be appropriate and/or
feasible for plaintiffs to file a motion for summary judgment on
their claim under 50 USC § 1810. Plaintiffs should address the
merits of filing such a motion under two scenarios: (1) with a
protective order in place allowing plaintiffs’ counsel access to
the Sealed Document; and (2) with no such protective order and no
such access.
Judge Walker knows that if he does issue a Summary Judgment it may well help a couple other cases out there still pending. That would be where we really find out if the Gov. has become so pragmatic over States Secrets that they are willing to just keep paying the fines rather than risk exposure. What could be sooo dangerous to expose after all these yrs if it isn't being done to protect the last admin ? Maybe Dick Cheney should shutup and stop looking a Gift Horse in the mouth before he makes someone too mad eh ?